Monday, June 20, 2011

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This is a good beginning for a cause which gives us some relief in these retrogressed life.

We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.

This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.

Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.

Please start this movement.

best wishes and thanks for all the great Volunteers.

No doubt if, IV wish, it can achieve... No Wonders

thanks

To the core group/Senior Members,

If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

Any thoughts ??

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10-20 04:26 PM

The following was a response to my request to support legal immigration for skilled workers. ***** Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.

The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.

Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.

As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.

As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.

Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.

Sincerely,

Barack Obama United States Senator

P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/

Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/

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Refugee_New

07-28 01:09 PM

Good point!

As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.

This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.

Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.

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dressking

09-28 05:34 PM

Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.

I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.

But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.

Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.

Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.

We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.

FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use. How about the following new methods: 1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process. 2. A letter to the news channels. 3. Web fax to the senators/congressman

Please share your ideas.

I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.

I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.

In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.

This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.

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11-22 02:54 PM

I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

And how about the job title mentioned in the both petitions, could it be different?

For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes. Please correct me if I am wrong. It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.

Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!

On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.

8 years later, the history is repeating itself. 500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.

Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!

Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?

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gc_chahiye

09-24 01:11 PM

Hi, I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day. Please Guide Me

Mahesh

you dont have to do anything. Based on your L2 petition you will get an I-94 valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?

I have 6,355 miles from Delta. I want to donate these miles to someone who is travelling to DC. Please let me know if I can do this and how to do it.

Thank you and good luck to you all.

1) Get in touch with someone who wants to use the miles 2 ) How to Contribute Frequent Flyer Miles | eHow.com (http://www.ehow.com/how_7193899_contribute-frequent-flyer-miles.html)

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singhsa3

03-04 10:58 AM

Folks, I need some help from anyone willing. There are too many media and I can't cover them all. Please feel free to replace my name by yours and get the ball rolling. We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.

So please, if you can please this to local media and hope someone will take note of it. So far I have covered, WSJ CNN Foxnews Realtor Seeking Alpha Left voicemails for WSJ and Realtor

I talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.

If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.

I will gladly sign this petition as well.

Can you please ask your professor to call Rep.Lamar Smith to voice his support for the Lofgren bills? That would be greatly appreciated.

Should the EVL be the same as the one for labor? Even if the salary has changed now?

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feedfront

09-21 12:23 PM

Hi Guys,

I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

Now here is the situation:

I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

OR

should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.

Thanks.

Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

You can hold your H1 transfer for a week or two till you don't respond.

I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)

Supporting racism and calling me dummy. you planted b* Go and take a$$ out of here , you don't belong here. You have come out of a gutter to this country and gutter is the only place you deserve.

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natrajs

06-06 03:42 PM

After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

Congrats and Best Wishes

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Legal

06-30 09:10 PM

The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

Be assured we are considering all options. We are also working with like minded organizations and on our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any visa bulletin that will change the current dates.

Please be patient and continue to support us. We will continue to update on the website as we have any more update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

IV may post update about its course of action as early as Sunday evening.

IV team

Thanks for the update.

perm2gc

01-10 06:04 PM

http://www.immigrationboards.com/viewtopic.php?p=70468#70468

unseenguy

02-13 08:14 PM

These days I get a weird look on the trains and planes. I am wondering why are we in this shit place which is full of unhappiness. But I guess it will take 3-4 months to find a good job from here in India. So I will be here until I find one :-d